RESOLUTION OF THE SUPREME ECONOMIC COURT OF UKRAINE

of January 19, 2006 No. 20/184d

About agreement cancelation of lease and release of leased rooms

(determination of Trial chamber on economic cases of the Supreme Court of Ukraine of 23.03.2006 it is refused to open production on review)

The Supreme Economic Court of Ukraine as a part of board of judges:

the chairman - Ostapenko M. I. judges: Bordenyuk E. M., Harchenko V. M. having considered the writ of appeal of the Ukrainian-American Olichik LLC on the resolution of the Zaporizhia Economic Court of Appeal of 16.11.2005 on case on the claim of JSC Zaporozhsky plemptitsesovkhoz-reproduktor to Ukrainian American Olichik LLC the third party Regional department of Fund of state-owned property of Ukraine for the Zaporizhia region about agreement cancelation of lease and release of leased rooms

ESTABLISHED:

in May, 2005 JSC Zaporozhsky plemptitsesovkhoz-reproduktor appealed to economic court of the Zaporizhia region with the claim to Ukrainian American Olichik LLC for agreement cancelation of lease and eviction of the defendant from leased rooms.

In reasons for the requirements the claimant specified that it agrees to the lease agreement signed by the parties of 03.06.2003, the part of production rooms and the equipment of complex for cultivation of bird, on condition of payment of lease payments, annual till July, in the amount of 135 000 UAH, insurance of object of lease and accomplishment, under approval, current and other types of repair is transferred to the defendant to use.

But the defendant satisfies the specified terms of the contract in an unseemly way, the rent for the second year of lease was paid with delay for seven days, by object of lease in a month, since the conclusion of the lease agreement, did not insure, performed repair work without approval that according to item 6.1.2 of the agreement grants it the right to require lease agreement cancelation judicially.

The claim is satisfied with the decision of economic court of the Zaporizhia region of 18.08.2005.

By results of reconsideration of the case in appeal procedure the petition for appeal of Olichik LLC is left by the resolution of the Zaporizhia Economic Court of Appeal of 16.11.2005 without satisfaction, and resolution of the Trial Court - without changes.

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